Part II: Tips From 2005 Federal Judicial Center “Awarding Attorneys’ Fees and Managing Fee Litigation.” Yesterday, we gave Part I on fee entitlement. Now, we provide the tips on calculating the amount of a fee award from the 2005 Federal Judicial Center paper. Here is the roadmap in this area: * […]
Part I: Fee Entitlement. In 2005, Alan Hirsch and Diane Sheehey issued the second edition of “Awarding Attorneys’ Fees and Managing Fee Litigation” through the Federal Judicial Center. Here, we provide you will their analytical outline of determining whether a fee award is in order under federal fee shifting statutes: *
Above: Student nurses’ “capping”ceremony. 1943. Library of Congress. Photographer: Ann Rosener (1914-2012). As reported by Reuters in a post on Friday, June 15, 2012, U.S. District Judge Carl Barbier of the Eastern District of Louisiana (in New Orleans) last month gave preliminary approval to a $7.8 billion settlement that BP reached to resolve
Yet Again, No Haven for Righthaven Righthaven LLC, a Las Vegas copyright infringement lawsuit filer, looks like it has essentially shut down amid numerous legal setbacks, after several judges have found that it had faulty copyright assignments or its infringement suits against mainly website operators/media defendants were protected by the fair use doctrine.
Statutory Language Did Not Encompass Losing Homeowners, So Concluded in a “Reluctant” Decision By the Appellate Court. This next case demonstrates judicial restraint based on the appellate court’s construction of the governing statutory language. If they could have done otherwise, they would have — we surmise — but the panel left this “loophole”
Arbitration Waiver Decision Goes From Unpublished to Published Ranks. On May 20, 2012, we did a post on Cinel v. Barna, an unpublished decision from the Second District, Division 1 sustaining an arbitration waiver decision because the parties could not reach an agreement on how to pay the arbitrator’s fees. We can now
Fees Not Based on Listing Agreement With Mediation Clause Affirmed on Appeal. Sometimes it all depends on the contractual agreement under which you are awarded attorney’s fees. We have done some recent posts on the mediation condition precedent which can disqualify fee recovery depending on whether it is not pursued before commencement
Lower Court Did Not Properly Consider Plaintiff’s Degree of Success in Fixing Fees. Under the Truth in Lending Act, attorney’s fees must be awarded in any successful action to enforce its requirements. (15 U.S.C. § 1640(a)(3); Purtle v. Eldridge Auto Sales, 91 F.3d 797, 802 (6th Cir. 1996).) In the next case, our
Fee Award Also Correct on the Merits In Martin v. Inland Empire Utilities Agency, 198 Cal.App.4th 611, 632-633 (2011) [reviewed in our August 20, 2011 post], an appellate court found it had no jurisdiction to review the denial of a SLAPP fee request because no appeal had been separately taken from the fee
First Amendment Prevailing Plaintiff Entitled to More Than $8,000, Although Jury Verdict Slight, But Not Requested $503,000 Given He Lost Several Claims. John Ingold, in a June 8, 2012 post on denverpost.com, tells about a recent Tenth Circuit decision of interest in the fee award area. In Zinna v. Congrove, No. 10-1482
